[Federal Register Volume 71, Number 40 (Wednesday, March 1, 2006)]
[Rules and Regulations]
[Pages 10417-10418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-1914]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2006-23896; Airspace Docket No. 06-ACE-2]


Modification of Class E Airspace; Scott City Municipal Airport, 
KS

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

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SUMMARY: This action amends Title 14 Code of Federal Regulations, part 
71 (14 CFR 71) by revising the Class E airspace area at Scott City, KS. 
A review of the controlled airspace at Scott City, KS revealed that the 
area does not comply with the criteria for 700 feet above ground level 
(AGL) airspace required for diverse departures and does not reflect the 
current Scott City, KS Municipal Airport airport reference point (ARP). 
This action increases the radius of the existing controlled airspace at 
Scott City, KS and corrects the ARP in the legal description.

DATES: This direct final rule is effective on 0901 UTC, June 8, 2006. 
Comments for inclusion in the Rules Docket must be received on or 
before March 31, 2006.

ADDRESSES: Send comments on this proposal to the Docket Management 
System, U.S. Department of Transportation, Room Plaza 401, 400 Seventh 
Street, SW., Washington, DC 20590-0001. You must identify the docket 
number FAA-2006-23896/Airspace Docket No. 06-ACE-2, at the beginning of 
your comments. You may also submit comments on the Internet at http://dms.dot.gov. You may review the public docket containing the proposal, 
any comments received, and any final disposition in person in the 
Dockets Office between 9 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays. The Docket Office (telephone 1-800-647-5527) is on 
the plaza level of the Department of Transportation NASSIF Building at 
the above address.

FOR FURTHER INFORMATION CONTACT: Brenda Mumper, Air Traffic Division, 
Airspace Branch, ACE-520A, DOT Regional Headquarters Building, Federal 
Aviation Administration, 901 Locust, Kansas City, MO 64106; telephone: 
(816) 329-2524.

SUPPLEMENTARY INFORMATION: This amendment to 14 CFR 71 modifies the 
Class E airspace area extending upward from 700 feet AGL at Scott City, 
KS. A review of the controlled airspace at Scott City, KS revealed that 
the area does not comply with the criteria for 700 feet above ground 
level (AGL) airspace required for diverse departures and does not 
reflect the current ARP. The radius of the Class E airspace area is 
expanded from within a 6.5-mile radius to within a 6.9 mile radius of 
the airport and corrects the ARP in the legal description.
    These modifications bring the legal description of the Scott City, 
KS Class E airspace area into compliance with FAA Orders 7400.2F and 
8260.19C. Class E airspace areas extending upward from 700 feet or more 
above the surface of the earth are published in Paragraph 6005 of FAA 
Order 7400.9N, Airspace Designations and Reporting Points, dated 
September 1, 2005, and effective September 16, 2005, which is 
incorporated by reference in 14 CFR 71.1. The Class E airspace 
designation listed in this document will be published subsequently in 
the Order.

The Direct Final Rule Procedure

    The FAA anticipates that this regulation will not result in adverse 
or negative comment and, therefore, is issuing it as a direct final 
rule. Previous actions of this nature have not been controversial and 
have not resulted in adverse comments or objections. Unless a written 
adverse or negative comment or a written notice of intent to submit an 
adverse or negative comment is received within the comment period, the 
regulation will become effective on the date specified above. After the 
close of the comment period, the FAA will publish a document in the 
Federal Register indicating that no adverse or negative comments were 
received and confirming the date on which the final rule will become 
effective. If the FAA does receive, within the comment period, an 
adverse or negative comment, or written notice of intent to submit such 
a comment, a document withdrawing the direct final rule will be 
published in the Federal Register, and a notice of proposed rulemaking 
may be published with a new comment period.

Comments Invited

    Interested parties are invited to participate in this rulemaking by 
submitting such written data, or arguments, as they may desire. 
Comments that provide the factual basis supporting the views and 
suggestions presented are participating helpful in developing reasoned 
regulatory decisions on the proposal. Comments are specifically invited 
on the overall regulatory, aeronautical, economic, environmental, and 
energy-related aspects of the proposal. Communications should identify 
both docket numbers and be submitted in triplicate to the address 
listed above. Commenters wishing the FAA to acknowledge receipt of 
their comments on this notice must submit with those comments a self-
addressed, stamped postcard on which the following statement is made: 
``Comments to Docket No. FAA-2006-23896/Airspace Docket No. 06-ACE-2.'' 
The postcard will be date/time stamped and returned to the commenter.

Agency Findings

    The regulations adopted herein will not have a substantial direct 
effect on the States, on the relationship between the national 
Government and the States, or on the distribution of power and 
responsibilities among the various levels of government. Therefore, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    The FAA has determined that this regulation is noncontroversial and 
unlikely to result in adverse or negative comments. For the reasons 
discussed in the preamble, I certify that this regulation (1) is not a 
``significant action'' under Executive Order 12866; (2) is not a 
``significant rule'' under Department of Transportation (DOT) 
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); 
and (3) if promulgated, will not have a significant economic impact, 
positive or negative, on a substantial number of small entities under 
the criteria of the Regulatory Flexibility Act.
    This rulemaking is promulgated under the authority described in 
subtitle VII, part A, subpart I, section 40103. Under that section, the 
FAA is charged with prescribing regulations to assign the use of the 
airspace necessary to ensure the safety of aircraft and the efficient 
use of airspace. This regulation is within the scope of that authority 
since it contains aircraft executing instrument approach procedures to 
Scott City Municipal Airport, KS.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

0
Accordingly, the Federal Aviation Administration amends 14 CFR part 71 
as follows:

[[Page 10418]]

PART 71--DESIGNATION OF CLASS A, CLASS B, CLASS C, CLASS D, AND 
CLASS E AIRSPACE AREAS; AIRWAYS; ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 
FR 9565, 3 CFR, 1959-1963 Comp., p. 389.


Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation 
Administration Order 7400.9N, dated September 1, 2005, and effective 
September 16, 2005, is amended as follows:

Paragraph 6005 Class E airspace areas extending upward from 700 
feet or more above the surface of the earth.

* * * * *

ACE KS E5 Scott City, KS

Scott City Municipal Airport, KS
    (Lat. 38[deg]28'27'' N, long. 100[deg]53'06'' W)
Scott City NDB
    (Lat. 38[deg]28'49'' N, long. 100[deg]53'18'' W)

    That airspace extending upward from 700 feet above the surface 
within a 6.9-mile radius of the Scott City Municipal Airport and 
within 2.5 miles each side of the 169[deg] bearing from the Scott 
City NDB extending from the 6.9-mile radius to 7 miles south of the 
airport.
* * * * *

    Issued in Kansas City, MO, on February 9, 2006.
Donna R. McCord,
Acting Area Director, Western Flight Services Operations.
[FR Doc. 06-1914 Filed 2-28-06; 8:45 am]
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